Defendants KeenMac, SEMO Cardinal move to dismiss case regarding alleyway use

Defendants KeenMac LLC and SEMO Cardinal Group LLC moved to dismiss the federal case, regarding the use of an alleyway, brought by various property owners Jan. 31.

According to previous Southeast Missourian reporting, the plaintiffs in the case, Athena Property Group LLC, APG Limited LLC, Shiloh LLC and Remedy Capital LLC filed a lawsuit against the City of Cape Girardeau, KeenMac LLC and SEMO Cardinal Group LLC regarding the city’s decision to issue a special-use permit for the use of an alleyway to KeenMac LLC for the Roni’s Mac Bar restaurant drive-thru at 716 Broadway.

The plaintiffs claimed in their petition that the actions of the defendant have “unreasonably and unlawfully” restricted the plaintiffs’ drive-thru access and rights to the alley and have suffered damages in excess of $25,000.

According to the motion to dismiss, the plaintiff’s “alleged facts” involve the City of Cape Girardeau and not the application process or the improper issuance of a special permit related to KeenMac and Cardinal Group’s conduct. The documents state that the plaintiffs have “legal remedy” against or claim relief from KeenMac and Cardinal Group.

Both defendants requested that counts one and two be dismissed against them.

The City of Cape Girardeau also filed a document Jan. 31 that answered the petition and gave “affirmative defenses”. In the city’s affirmative defenses, the document states that count one of judicial review failed to state a claim where relief could be granted.

“Plaintiffs’ claims against the City pursuant to 42 U.S.C. § 1983 fail because (a) Plaintiffs have no constitutionally protected property interest that has been affected by the actions of the City, (b) the City’s actions have not resulted in any deprivation of economically viable or beneficial use, (c) Plaintiff has not been deprived of any due process, and (d) no other form of underlying constitutional violation has been alleged,” the city’s document states.

According to the city’s document, the plaintiffs had been afforded “any required due process” under the city’s compliance with their notice requirements and the city’s code of ethics.

A hearing for the federal case has not been scheduled.